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| Promotion of 899 employees: Court grants 3 weeks time for implementation of its directive | | Appear in person or forget your July month's salary: HC to Comm Sec APD | | Akshay Azad
Early Times Report
Jammu, July 10: Taking strong cognizance of non-compliance of its directive regarding implementation of promotion order of 899 employees of Agriculture Production department (APD), the Jammu and Kashmir High Court has granted three weeks time to Commissioner Secretary APD, to implement its directions in toto. In view of failure of Commissioner Secretary to implement the previous judgement, HC has asked him to appear in person and ordered to withhold his salary for the month of July.
According to the judgement pronounced by Tashi Rabstan in a contempt SWP number 173/2010 in SWP no. 44/2009 MP No. 1/2015, "Compliance report in pursuance to direction dated 2/6/2015 has been filed. Perusal of the same shows that judgement of the Court has not been implemented in letter and spirit, which amounts to contempt of Court."
In the interest of justice, three weeks further time last and final opportunity granted to the respondents to implement the judgement in toto, failing which Commissioner Secretary to Government APD to appear in person and his salary for the month of July 2015, shall not be released, HC observed. Pertinently, on 2/6/2015, the HC bench of Bansi Lal Bhat had observed that learned counsel for the petitioners submitted that it was only a condonation of delay application in LPA, which was pending before Division Bench and that too only in respect of cases decided by Srinagar Bench of the court. "Thus there is no legal impediment in implementation of judgement dated 8th April 2010. The fact of situation is not disputed by other side. In view of same, it is directed that respondents (APD department) shall file compliance report in regard to the implementation of judgement dated 8th April 2010 within four weeks, failing which respondent number 9 (Commissioner secretary APD) shall appear in person on July 9, 2015.
According to judgement 8th April 2010, the Jammu wing of High Court had withheld the Government order number 14-Agri of 2010, dated 29/1/2010, which had kept in abeyance order number 279 of 2008, dated 7/Oct/2008. The court in its judgement of 8/4/2010, had asked government to kept order number 279 of 2008 in force, according to which 899 employees of various cadres of APD were promoted.
According to order no. 279-Agri of 2008, nearly 900 promotions were effected as per recruitment rules by the then Principal Secretary Sonali Kumar.
Almost 650 promoted officers were from Jammu division while those who were enjoying lucrative posts of their choice, prior to the order, were from Kashmir division, retired officers of APD said.
The retired officers further alleged that when Gulam Hassan Mir took over as Agriculture Minister of state, he in collusion with some ineligible officers, hatched a conspiracy to undo Govt. order number 279-Agri of 2008, and a high level inquiry was also ordered.
"The hidden agenda behind enquiry was to prevent newly promoted officers from continuing their duties, which consequently would help the Minister to earn money by continuing with ad-hoc transfers and promotion industry", they further alleged.
The gazetted cadre officers who have been waiting for promotions since last more than two decades further said, finally the Govt. order 279-Agri of 2008 was put into abeyance and status quo ante was enforced vide Govt. order number 14 Agri of 2010 dated 29-10-2010, in deference to interim court order. The officers further said that the former Agriculture Minister, refused to oblige the High Court orders. "A large number of retired officers have been facing hardships as they are getting pension fixed in lower grade of Class-VII. Our agony aggravated when Accountant General withheld 2-3 Lakh rupees, out of their gratuity from almost 100 officers that retired since status quo ante has been enforced by the Department", they said. |
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